It’s normal to have many questions about your rights, the legal process and next steps when faced with criminal charges. Criminal law can seem complicated, but understanding the basics can help put you in a better position as you move forward. Our Newark criminal lawyers share five of the most commonly asked questions about criminal law that can offer some clarity.
What Should I Do If I’m Arrested?
If you’re arrested, the most important thing to remember is to stay calm and avoid resisting. Even if you feel the arrest is unfair, resisting could lead to additional charges. You have the right to remain silent and to request an attorney. Exercise these rights to protect yourself, as anything you say can be used against you later. After your arrest, be polite and cooperate, but do not answer any questions until you’ve consulted with your lawyer.
What’s The Difference Between A Misdemeanor And A Felony?
Misdemeanors are generally considered less severe offenses compared to felonies. A misdemeanor might lead to fines, community service, or short jail time, while a felony can result in much longer prison sentences and higher penalties. For example, minor theft or simple assault would be misdemeanors, but crimes like burglary or drug trafficking are classified as felonies. Understanding the severity of the charge you’re facing is key to determining how best to handle your defense.
Can Criminal Charges Be Dismissed?
Under certain conditions, criminal charges can be dismissed. This might occur if there isn’t enough evidence to support the charges, if there were violations of your rights during the investigation, or if procedural mistakes were made. A strong defense can increase the likelihood of having charges dismissed. Consulting with a lawyer is an important step to see if your case might qualify for dismissal or reduced charges.
What Is A Plea Bargain, And Should I Accept One?
A plea bargain is when the defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence or fewer charges. Whether or not you should accept a plea bargain depends on your case, including how strong the evidence is against you and what the potential penalties could be if you go to trial. Speaking with an attorney can help you weigh your options and make an informed decision on whether a plea bargain is in your best interest.
Can I Appeal A Criminal Conviction?
Yes, you can appeal a criminal conviction if you believe there were legal errors made during your trial. An appeal allows a higher court to review your case and determine if mistakes in applying the law or following procedure occurred. Keep in mind that an appeal is not a retrial, but rather a chance to address any errors that could have impacted the outcome of your case.
Get Legal Support For Your Criminal Defense
Criminal charges can be daunting, but knowing your rights and understanding your legal options can make a big difference. If you need further guidance or representation, our friends at Rispoli & Borneo P.C. can help, we bring over 20 years of experience to the table. Reach out to a legal professional to discuss your case and learn more about the best course of action for your situation. We’re here to offer complimentary consultations and can provide you with the legal support you need.